Cricketwidow509
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Yes I have, but my witness statement was submitted by the deadline and before I received any of the info from the claimant , and went along the lines of 'I have no information regarding this debt despite submitting a CPR and CCA request, so have no details on which to defend the claim' etc etc They state in their witness statement that a default notice was sent 25/06/2009, I don't recall receiving this but that's not to say that it wasn't sent.
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ah yes, apologies, it's so long ago I'd forgotten they used to be Abbey before they were Santander. So, any thoughts as to my best course of action? Do I ask for the hearing on 7th March to be vacated/adjourned to allow me time to respond to their statement? Do I have any further defence now they've produced the documents? Perhaps the missing date/signatures on the agreement? Or my assertion that it should be statute barred as the payments they have on record were retrieved from a linked bank account with the same bank? I was quite clear on all this before they pulled the documents out of their proverbial backside, and was feeling pretty pleased with myself! This has muddied the waters somewhat! oh or option C, do I just wait and see what happens at the hearing? I don't overly like this option, I would prefer to be proactive!
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It's submitted as an exhibit to their witness statement. It LOOKS like a Santander transaction summary, but looking closely at the top it has the card number, account number (from the POC) and a hoist reference, so perhaps it's been generated by hoist? I can certainly scan all the docs and send them over for you, thank you so much for your time!
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no one transaction summary, it lists 'account number' at the top as well as 'credit card number', the account number is the same as listed on the POC. sorry, I'm probably being dense, I just assumed it might be an internal account number assigned to a credit card account? or that a credit card account would have both a card number and an account number?
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no, the 14 digit number which is on the POC also appears on their transaction summary. the 16 digit number on the transaction summary is different and does not appear on the POC.
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In the interests of full disclosure, the final payment they list as being made to the debt was on 07/02/11. By this time I had switched banks, having opened a new account on 26/01/11. I have the bank statement to cover this period, and it shows that no payment was made from this account dispite all income showing as being paid into this new account. Therefore the old Santander account (that they were taking the contractual/non authorised payments from (offset payments???)) was no longer being used at this time. Sadly I no longer have any Santander bank statements, but this lack of transaction in my only active bank account at the time may go some way to prove that I did not manually make the payments, but rather they were automatically retrieved from my account without my express authorisation? Im probably overthinking all this, as you can see I am literally trying to think of anything to put their claim into dispute here!
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In the POC it lists 14 digits, and corresponds to the 'account number' stated on the transaction summary they have provided. On the transaction summary is also listed the 16 digit card number (this does not appear on the POC)
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I may be clutching at straws, but Im trying to find holes in anything they've sent me - the credit agreement they've sent, which appears to be a scanned copy of the original, has a signature from me, but is not dated beneath the signature, and has no signature from the creditor. There is a date stamp on the first page but not the second where the signature is.
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It has 14 digits, and I suspect you're correct about it falling off the credit file - there is nothing listed under credit cards, nor under closed accounts.
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Name of the Claimant ? Hoist Portfolio Date of issue – 8th Sept Submitted defence online 6th October What is the claim for – This claim is for the sum of £2199.31 in respect of monies owing pursuant to the consumer credit act 1974 under account number xxxxxxx. The debt was legally assigned by Santander Cards Ltd to the claimant and notice has been served. the Defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant pursuant to Section 87 (1) CCA. The Claimant claims 1. The sum of £2199.31 2. Interest pursuant to s69 of the county court act 1984 at a rate of 8 percent from the 22/08/15 to the date hereof 14 days is the sum of £6.75 3. Daily interest at a rate of £0.48 4. Costs What is the value of the claim? £2391.06 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card account When did you enter into the original agreement before or after 2007? No Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Hoist Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall Did you receive a Default Notice from the original creditor? Not that I recall Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I recall Why did you cease payments? I don't remember making repayments to this account, according to the statement of account they have sent in their witness statement, payments were made after the default notice was issued, I believe these were taken from my linked current account at the same bank, and I did not specifically authorise these payments What was the date of your last payment? According to their statement of account, 07/02/2011, according to me June 2009 Was there a dispute with the original creditor that remains unresolved? Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No Acknowledged 11th Sept Sent CCA request recorded 14Sept & £1 postal order Sent CPR recorded 14th Sept
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Apologies, I'm trying to keep up with the replies! Yes the money was taken from a current account with the same bank, to the best of my knowledge. I certainly didn't make the payments myself.
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Just had a look at credit file and it lists the date of default as 29/09/2011, although the info doesn't eactly tally as the balance is different and it states account type 'bank', but it's the only thing of the credit report with hoist so it must be the same? The last payment they say I made (I dispute I did so ) was 07/02/11
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I am assuming it was from my 'linked' current account, it was 2009 so details are sketchy, but I do remember phoning and trying to get them to stop taking payments, and they still took them. The hearing is 7th March. I've also had another look over the original credi agreement they've sent and it's not dated, nor has it got their signature on, could that be relevant?
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I had no information as to the date of the debt, so I didn't know if it was statue barred. Their particulars of claim literally stated nothing re dates etc. I'll hop over onto the laptop and try to post the WS
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I will try to fill you in as briefly as possible! In September I received documents from Northampton of a claim issued by Hoist Portfolio. the particulars of claim were very vague ie no date of debt, no date of assignment etc. I acknowledged immediately and stated intention to defend. I sent off CCA and CPR requests in accordance with the rules. These were disregarded and I received no response. It was allocated to small claims and transferred to my local court. The hearing date was set and a deadline of 25th Feb was set for returning witness statements. At this point I had received precisely zero info from the claimant as requested, I constructed my witness statement along the lines of 'I have no info re the debt so can't defend something I have no knowledge of', the claimant was attempting to frustrate my efforts to defend in not disclosing any information and disregarding my CCA request and CPR request. I served a copy in the claimant and made sure it was with the court in time, brownie points to me I've now received (after the deadline) the claimants statement, and I'm wondering what to do. In their bundle they have the original agreement (in a different name to that on the court docs) but barely legible, a statement of account, and issue of default. My query comes in because on the statement of account, there are payments between July 2009 and Feb 2011 which came from a current account but we're not expressly authorised by myself. The debt is for a credit card and I had a current account with the same bank. So these payments were taken from my current account (I guess under the original contract I signed for the card this was authorised) but I didn't expressly make those payments myself. In fact I seem to remember trying to stop the payments, and they kept taking them without my agreement. Do these count as acknowledgement of debt? If these payments are disallowed, the debt should be statue barred (date of default was 25th June 2009 and I would argue that subsequent payments were not made with my authority). Or does it not matter, as I signed a contract therefore indicating my authority to take these payments? If it's not statue barred what should I do, as I'm now thinking they have me over a barrel even though their documents were late to arrive. Apologies if this doesn't make sense to you all, it does in my little head! Many thanks in advance for any advice you can offer!
